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WHEN IS CLOSE GOOD ENOUGH?

When the decisions of administrative tribunals are being reviewed by Courts, the first and most basic question is whether the tribunal’s decision must be “correct” or merely “reasonable”? The answer to that requires a complex legal analysis which is lost on most people, many lawyers and even some courts. That may sound disrespectful of Courts…

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INTERIM LEGAL AND APPRAISAL FEES IN EXPROPRIATION PROCEEDINGS

Introduction Pursuant to sections 35 and 39 of the Expropriation Act (the “Act”), as revised, landowners are entitled to compensation for legal and appraisal fees relating to an expropriation. Costs under section 35 relate to the land owner initially determining whether to accept the compensation proposed by the expropriating authority. Costs under section 39 relate…

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